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GAUGHAN v. CENSEO HEALTH, LLC

1073 CA 20-01600.

201 A.D.3d 1350 (2022)

158 N.Y.S.3d 686

2022 NY Slip Op 00587

John P. Gaughan, Respondent, v. Censeo Health, LLC, et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided January 28, 2022.

Attorney(s) appearing for the Case

FELDMAN KIEFFER, LLP, BUFFALO (STEPHEN A. MANUELE OF COUNSEL), FOR DEFENDANT-APPELLANT CENSEO HEALTH, LLC.

GOLDBERG SEGALLA LLP, BUFFALO (CHRISTOPHER G. FLOREALE OF COUNSEL), FOR DEFENDANT-APPELLANT IDA M. CAMPAGNA.

MAXWELL MURPHY, LLC, BUFFALO (ALAN D. VOOS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal from an order granting plaintiff's motion for partial summary judgment on liability, defendants contend that Supreme Court erred in granting the motion because plaintiff failed to meet his initial burden of establishing that he sustained a serious injury proximately caused by the subject motor vehicle accident (see generally Insurance Law §...

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